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  • Convention Rules for a Convention of the States

    Convention Rules for a Convention of the States0

    • May 28, 2017

    The convention of the states meeting in Phoenix, Arizona in September will need a set of rules. Moreover, that convention will be engaged in further rule-writing because the Arizona Legislature called it partly to suggest rules for a prospective Article V Convention for Proposing Amendments. I suggest the planners start with the Model Rules provided

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  • Where Congress’s Power to Regulate Immigration Comes From

    Where Congress’s Power to Regulate Immigration Comes From0

    • May 24, 2017

    Introduction. Earlier this year, a law journal published an exchange between two respected law professors—a conservative and a libertarian—about whether the Constitution authorizes Congress to regulate immigration. (The Constitution does not mention immigration except to say that Congress cannot not ban before 1808.) The conservative said “Yes,” and supported his position with some extremely liberal

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  • How Progressives Promoted the “Runaway Convention” Myth To Protect the “Warren Court’s” Judicial Activism

    How Progressives Promoted the “Runaway Convention” Myth To Protect the “Warren Court’s” Judicial Activism0

    • May 21, 2017

    You may have heard alarms that if we hold a national convention for proposing constitutional amendments the gathering would be an uncontrollable constitutional convention (“con-con”) that could propose anything at all. The claim is called the “runaway scenario.” It has almost no basis in history or law. But it has long frightened Americans away from

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  • All In One Place: The Evidence that an Amendments Convention is a Traditional “Convention of the States”

    All In One Place: The Evidence that an Amendments Convention is a Traditional “Convention of the States”0

    • May 8, 2017

    You may have heard opponents of the Article V convention process claim that the make-up of a convention for proposing amendments is a “mystery”—that we have no idea of how the membership would be selected, how they would vote, etc. Those active in the Article V movement have known for some time that this is

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  • Scalia Probably Favored An Amendments Convention — But Does It Matter?

    Scalia Probably Favored An Amendments Convention — But Does It Matter?0

    • April 12, 2017

    A majority of state legislatures have voted to trigger the U.S. Constitution’s most important procedure for reforming the federal government. This is the gathering that Article V of the Constitution calls “a convention for proposing amendments”—more popularly known as a “convention of states.” Advocates of a convention of states rely on a supportive statement made by the

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  • First National Convention of States in 150 Years!

    First National Convention of States in 150 Years!0

    • April 11, 2017

    Americans finally have a real chance to “clean up the mess in Washington.” That’s the implication of the news that the Arizona legislature has called the first national “convention of states” in over 150 years. The conclave will meet in Phoenix on September 12. Its purpose is to plan for a later convention to propose

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